Contents

Introduction

ECJ case law on effective, proportionate and dissuasive remedies

1. Sex discrimination cases - 1. 1. Existence of a right to a (personal and judicial) remedy - 1.2. Requirements for remedies in the field of sex equality law: effectiveness, proportionality and dissuasiveness - 1.3. Form and extent of the remedy - 2. The effective remedies rule in general EC law - 2.1. General starting points - 2.2. A general right to an (unspecified) judicial remedy which must be effective, proportionate and dissuasive - 2.3. Case law regarding the meaning of 'effective, pr...

Remedies in international human rights law

1. General starting points 2. Two examples 2.1. The right to an effective remedy under Art. 13 ECHR 2.2. The right to effective protection and remedies under Art. 6 CERD 3. The UN Basic Principles and Guidelines on the Right to a Remedy and Reparations

Case studies of national legislation and jurisprudence on effective, proportionate and dissuasive remedies in discrimination law

1. Ireland: non-pecuniary remedies 2. Cyprus: powers of the specialised anti-discrimination body 3. Portugal: administrative remedies 4. Portugal, Austria, Italy and France: withdrawal of state benefits (including benefits obtained in the framework of public procurement procedures)

Application to the meaning of effective, proportionate and dissuasive remedies in the race and framework employment directives

1. Structure and terminology of the Directives 2. Form and extent of effective, proportionate and dissuasive remedies 2.1. In any case: a judicial remedy 2.2. Effective, proportionate and dissuasive remedies

Upper limits on compensation and their compatibility with the directives

1. Forms of damages 2. Upper limits on compensation

Conclusion

Bibliography

List of cases

Court of Justice of the European Communities (European Union)- Court of Human Rights (Council of Europe)